Category: From the Courts

Fourth day of Ganga Gowri civil suit against 12 defendants including the Royal Police of Malaysia personnel, the hospital and the government. Ganga is the sister of Gunasegaran who died in police custody on the same day Teoh Beng Hock’s body was found, 16 July 2009.

2 defends witness took the stand today, starting with the continuation of Lans Koperal Mohd Faizal Bin Mat Taib (RF 151345) from yesterday. Faizal was the cop identified by Ravin and Selvach as the officer who assaulted Gunasegaran in the Sentul police station. Lawyer Visvanathan explained the wound found from the 2nd post mortem on the chest at the size of 28cm x 8cm x 5cm. Visva suggested that the wound was due to the beatings of Mohd Faizal which the latter denied. A point that Faizal agreed was he did not gave any emergency assistance to Gunasegaran when he noticed that he was unconscious. Visva stressed that this is a irresponsible act of a police officer.

An important issue that has been highlighted in the court today was the non-investigation of a report made by Ganga Gowri on 25 October 2010. The report by Ganga states Mohd Faizal has the accused who have beaten up in police lockup. Although his name was mentioned in the report, but till now Faizal agreed that he was never called for any statement for investigation regarding the specified report. Why was there no investigation made?

Federal counsel took charge to clarify Mohd Faizal’s statements. For the question from Federal Counsel on the reason for not doing a death report on Guna, Faizal explained that Guna died in a temporary lockup and the doctor has certified his death. He also mentioned that for a temporary lockup, investigations can be done without accordance to the Lockup Rules. This refers to the investigation done on Ravin in the middle of the night. This incidents clearly shows the cops whom are suppose to uphold law, disrespects them and manipulates for their interest.

2nd witness for the day took the stand in the evening. Sarjan Mejar Rajinder Singh, 51 years old has more than 30 years experience in the police force. He admits that throughout his experience, there was never been a death under police custody in which a police report was not lodged. Visvanathan points out Section 329 under the Criminal Procedure Code (CPC)
which states that its the duty of the police officer to investigate death and draw up a report on the incident. Then why did SM Rajinder did not lodge any report? The reason provided by Rajinder Singh in court was that report is to be done by the hospital. Although he said that, he agrees that it is his responsibility to do a report but he did not.

Another twist from SM Rajinder was the time of Operasi Tapis happened. SM Rajinder who wrote in the station diary that the operation started at 3pm, now said that the operation actually started at 5.30pm. Visva stressed that this statement contradicts to the inquest statement made by Rajinder himself. In the inquest Rajinder has told the magistrate that Operasi Tapis actually happened at 3pm. Today, Rajinder says that they went out at 3pm, went around Bandar Baru Sentul, and came back to station. Then they received a call, then moved in to the todi shop in Jalan Sentul Manis. Visva argued that this was Rajinders afterthought and reminded him that he is under oath.

Lawyer Visvanathan then questions SM Rajinder on the missing name of Gunasegaran in the arrest report after the operation. SM Rajinder claims that Guna was in possession of 8 tubes of heroine and that requires for a separate police report. Visva argues whether is this a new law, and where is this procedure? SM Rajinder was in silence. Gunasegaran’s name was only mentioned in a report made by SM Rajinder at 8.20 pm where it states that Guna tried to escape arrest. Why wasn’t there any report on Guna’s death?

The court was told by SM Rajinders statement that all the documents related like station diary postmortem result were wrong as per the time of Gunasegaran’s death. All this discrepancies that been argued by SM Rajinder ware never been raised to the AG Chambers since 2009. As per statement by Faizal before this, Rajinder also agrees that the lockup rules were created by the Sentul police for their own use and interest. At least, there’s some truth told.

Court adjourned to 15 and 16 April 2013.

We need more supporters to show solidarity to this family fighting injustice. There are more new faces coming to the court to follow this interesting case.

For twitter info, kindly follow @SUARAMtweets or @NatAsasi for live updates on the case. Any info, pls call Theva at 0133845740

Third day of Ganga Gowri civil suit against 12 defendants including the Royal Police of Malaysia personnel, the hospital and the government. Ganga is the sister of Gunasegaran who died in police custody on the same day Teoh Beng Hock’s body was found, 16 July 2009.

2 witnesses took the stand today, starting with Ravindran. The federal counsel tried to implicate that the police officer did not kick Guna when arresting him at the todi shop. Her reasoning is that there was scuffle happened. Ravi denied it and firmly said that the identified cop Mohd Faizal Bin Mat Taib (RF 151345) kicked him during the arrest. Another interesting event is Ravi told the court that he was asked to tell a different story on how Guna died in lockup. Ravin identified the officer as Rajinder Singh A/L Kartar Singh (RF 10513). Ravin bravely claims Rajinder asked him to tell the investigation officer that Guna fell down and died plus he will help on the early release of Ravin.

This clearly shows the dire situation of men in power on abusing it. To add some salt to it, the defense witness took the stand, Mohd Faizal Bin Mat Taib (RF 151345), with more revelation on misuse of police power. Although the 2 plaintiff witness described and identified Mohd Faizal as the police officer who have beaten Guna, Mohd Faizal denies the claim vehemently. Although the plaintiff lawyer, Visvanathan reminded Faizal on the oath he took as a policeman, it seems this 27 years old young cop broke his oath.

Mohd Faizal agreed and told the court that he and his comrades made their own lockup rules. Human rights lawyer, Visvanathan questioned Mohd Faizal on time where the witness were interrogated then which the time was after midnight till the early morning. Visva reminded him on the lockup rules that states suspects can only be interrogated till 6.30 pm. Mohd Faizal enhanced the court with a new rule that the rules is not for a temporary lockup like in the Sentul police station. Visva requested Faizal to provide the evidence of then rules he mentioned, but he is unable to do that. Visva then questioned Faizal whether these set of rules where made by them, Faizal agreed!

Another discrepancies highlighted was the time where the Operasi Tapis took place. Mohd Faizal stood firm that the time they went to the todi shop was at 5.30pm. Visva then showed the prove of the Station Diary which will state all the movements of the police. In the diary, it was recorded clearly that the police left station at 3pm. Mohd Faizal agreed that both the info was correct.

When questioned on the beating of Guna in the lockup, Mohd Faizal denied it. Visva reminded him again that the finding of the inquest affirms that Faizal did beat Guna in the lockup. When questioned him which one is true, the court statement or his statement, Faizal claimed he is not sure about it. Another major issue to be highlighted is that till to date there were no police report made on the death of Gunasegaran under police custody.

Court adjourned at 4.15pm as there were other matters to be attended by the judge.

We need more supporters to show solidarity to this family fighting injustice. Anyone whom are free, kindly drop by for the case at Jalan Duta High Court, 4th Floor, NCVC4. Case continues at 10 am on Friday, 25 January 2013.

For twitter info, kindly follow @SUARAMtweets or @NatAsasi for live updates on the case. Any info, pls call Theva at 0133845740

Second day of Ganga Gowri civil suit against 12 defendants including the Royal Police of Malaysia personnel, the hospital and the government. Ganga is the sister of Gunasegaran who died in police custody on the same day Teoh Beng Hock’s body was found, 16 July 2009.

Today morning, lawyer Viswanathan was alerted by one of the witness, Ravindran,42 who is currently undergoing imprisonment in the Seremban, that he was warned by an higher ranking police officer. The officer told Ravin that “If you make life difficult for us in court, when you come out from prison, we will make life difficult for you”. Lawyer Viswanathan brought this matter to the judge YA Datin Yeoh Wee Siam, and requested the judge to give an order to the defendants not to disturb the witness. The judge disagreed to give any instruction as there were no affidavit and evidence on the matter. Viswa again advised that if again this happens he will file a police report on the issue.

2 witness took the stand today, starting with the continuation of Selvachandhiran from yesterday. Selvach was requested to identify the cops who were involved in the narcotics operation at the Sentul todi shop. He identified 5 of them whom were present in the courtroom. They were Subari Bin Sarno (RF 91353), Mohd Faizal Bin Mat Taib (RF 151345), Rajinder Singh A/L Kartar Singh (RF 10513), Rohaizad Bin Ibrahim Koni (RF 122589) and Mohd Zahir Bin Ismail (RF 128740). Selvach aslo claimed that Mohd Faizal has beaten up Guna during the arrest as well.

Federal counsel again argued on the time of arrest made. She was arguing that the arrest was made at 5.30 pm, where Viswanathan argued that during the inquest submission, AG has agreed that the arrest was made at 3pm. The question of inconsistent was raised were the federal counsel contradicts the submission made by the own department during the inquest. Selvach also maintains that there were no first aid treatment given to Guna while he was lying after heavily beaten by the police ion the lockup.

One major tactic used by the federal counsel was to discredit the witness. She tries to implicate that during their arrest at the Sentul todi shop, they were high on drugs and were not in a sound mind to know whether Guna was beaten. This was denied by Selvach and the following witness Ravindran. Ravindran also identified the police officers who have beaten Guna and did the urine test after they were arrested.

First day of the trial, Selvach said the police used stick to hit Guna during the arrest. After the arrest, Ravindran said the police used rubber pipe to whack Guna in the lockup. Ravi also mentioned that Guna was kicked by Mohd Faizal while the arrest was made, and Guna was in pain during the time. Both Selvach and Ravin were handcuffed together with Gunasegaran. They were the credible witness in this trial and their statement has been always consistent.

Court adjourned at 3.45pm as there were other matters to be attended by the judge.

We need more supporters to show solidarity to this family fighting injustice. Anyone whom are free, kindly drop by for the case at Jalan Duta High Court, 4th Floor, NCVC4.

For twitter info, kindly follow @SUARAMtweets or @NatAsasi for live updates on the case.

First day of Ganga Gowri civil suit against 12 defendants including the Royal Police of Malaysia personnel, the hospital and the government. Ganga is the sister of Gunasegaran who died in police custody on the same day Teoh Beng Hock’s body was found, 16 July 2009.

2 witness took stand today, Ganga Gowri and K.Selvachanthiran. Federal Counsel who represented the defendants tried to demoralize the witness Ganga Gowri by implicating that Ganga is not qualified to comment on the health of Guna. The counsel tried to implicate that there were no beating by the police, where Ganga’s lawyer, Viswanathan rebut it by saying that the inquest on the death in custody of Gunasegaran found that he was indeed beaten. He also reminded that the AG did not appeal the decision.

Another non-compassion question by the federal counsel was her suggestion that Guna’s funeral rituals would have been done with the rotten condition of the body. She also blamed Ganga for the deteriorating condition of Guna’s body cause she did not claim the body at the first place. Ganga Gowri disagreed to that, adding that it’s the responsibility of the hospital to preserve the condition of the body.

Another unacceptable argument from the counsel is that the police does not need to lodge a police report regarding the death of Gunasegaran in police custody. Till to date there were no report made by the police on this. How is this possible? If we don’t report a death in our own backyard, doesn’t that smells fishy?

Around 4pm, K.Selvachanthiran took the witness stand. He is a brave individual to be remembered. In 2010, on the day when the inquest verdict was out, Selvach was beaten and arrested by the police at his home in front of his wife and kids. He was released few months ago, and now he is ready to bring justice to the Gunasegarans death. Selvach identified the police officer who have beaten Guna during the arrest on the 16 July 2009. The judge, YA Datin Yeoh Wee Siam requested the officer, Lans Koperal Mohd Faizal Bin Mat Taib (RF 151345) to stand up to introduce himself. Court was adjourned at 5pm.

We need more supporters to show solidarity to this family fighting injustice. Anyone whom are free, kindly drop by for the case at Jalan Duta High Court, 4th Floor, NCVC4. The case is predicted to go on till friday.

For twitter info, kindly follow @SUARAMtweets or @NatAsasi for live updates on the case. For any information, kindly call Theva- 013-3845740